Employer not paying commission earned whilst working notice period.

N_J_Smith

Hi

I apologise in advance I'm dyslexic so spelling and grammar my cause offence.

So I worked for a large company for 18months. my contract stated if I left within first 24month they would deduct my first months guaranteed commission which was £750. The contract also states last months commission is not paid.

I handed my notice in July and worked a full months notice at same time a colleague handed in her notice but went on garden leave. my manager told me they would pay last months commission to motivate me to still sell whilst working notice. I did not get this in writing and at time believed would pay as had a good working relationship and it amounted to £450.

payday come and I got a payslip stating I owed them £110 they had deducted the first months commission as expected but did not pay the last months as agreed. I sent an email same day to say hadn't been paid commission as agreed and I received a response from my manager saying higher management would sort it for me after returning from annual leave. now in December she is saying never agreed to pay the commission and my previous employer is threatening legal action if payment isnt received in 7days.

What can I do if anything. I really appreciate any help or advice as I can't afford to pay it and feel really upset that I haven't been paid what was agreed.

thanks in advance

Undervalued

You need to carefully study your employment contract.

Nearly always with commission there are get out clauses making it "discretionary".

If a person in authority (your manager) agreed to pay you commission outside of the normal terms then, arguably, they have entered into a contract to do that and you are entitled to keep the money. However proving what was agreed may be difficult as presumably the manager will deny it or claim that you misunderstood what was agreed.

Ultimately if you don't pay they will either drop the matter or launch a claim against you in the small claims court. If that happens it will come down to who, on the balance of probabilities, the judge believes.

getmore4less

Is you base pay at least NMW.